C04a_1. 12363N25R4013 BRF LTIRSC.pdf

Bitterroot Front G-Z Long-Term IRSC Bitterroot National Forest Solicitation 12363N26R4014 Stevensville & Darby Ranger Districts

Statement of Requirement

The Forest Service is executing this procurement under the stewardship contracting authority provided under Section 8205 of Public Law 113-79, the Agricultural Act of 2014 as amended under Section 204 & 207 of the Consolidated Appropriations Act (Omnibus Bill 2018). Stewardship authority grants the Forest Service Chief or designee the authority to aggregate contractual requirements into stewardship projects.

The Bitterroot Front Project Area is approximately 145,000 gross acres and spans both the Stevensville and Darby Ranger District. The project area contains overstocked stands of mixed conifer consisting of ponderosa pine, lodgepole pine, and Douglas-fir. Dense pockets of dead and dying conifer are common across the project area. The low vigor, high competitive stress, and limited diversity in the composition and structure of these stands make them susceptible to ongoing insect-driven mortality from mountain pine beetle and Douglas-fir beetle. The dense canopy, uniform ladder fuels, dead trees, and downed wood all contribute to the potential for extreme wildland fire behavior. Over the past decade, the project area has witnessed catastrophic wildfire behavior (Roaring-Lion 2016 and Lolo Peak 2017.) The overall objective of the Bitterroot Front Project is to address the wildfire risk to the nearby communities and promote forest restoration using a wide range of tools, including tree thinning, harvesting, and prescribed burning.

Specifically, the Bitterroot Front project aims to:

• Reduce fuel loading and arrangement of fuels to protect private property in the Wildland Urban Interface and forest ecosystems that are at risk to stand replacement fire behavior.

• Restore and maintain ecosystem health by continuing to move the fire regime condition class towards the desired future condition through continued treatments that create disturbance.

• Restore stands devastated by insect, disease, and overstocked conditions to young vigorous stands of fire adapted species historically found in project area.

• Improve stand health and individual tree vigor for increased resistance to insects and disease using a variety of treatments such as thinning, mechanical fuel reduction and prescribed fire.

• Restore and maintain fire adapted species across the landscape.

• Utilize prescribed fire for maintaining these stands into the future which would result in the reduction of future hazards to public, critical values, and first responders.

• Reduce the risk to responders and raise the probability of success during direct and indirect engagement on wildfires by treating fuels to modify fire behavior and increasing operational opportunities to protect values.

• Reduce fire behavior and intensity by reducing fuel quantity, modifying the arrangement of the fuels, and to reduce the current and future wildfire risk to people, private lands, and resource values.

• Improve forest landscape health and resilience by reducing the risk or extent of, or increase resilience to, insect and/or disease infestation.

Proposed treatments are dependent on previous treatment history, current stand type, aspect, and elevation and include a range of different desired future conditions.

A secondary objective of the Bitterroot Front G-Z Long Term IRSC (BRF G-Z LTIRSC) is to provide a steady supply of timber over a period of time to timber purchasers and forest products facilities in western Montana and the Bitterroot valley region. This project is aligned with direction from Forest Service Chief Tom Schultz to actively manage national forest system lands, improve forest health and contribute to rural prosperity as outlined in the implementation of Secretarial Memo 1078-006 letter dated April 3, 2025.

Performance of land management activities shall be in accordance with Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in Stewardship Credits and Appropriated Funds.

All Base Work Activities (Mandatory) shall be performed. Optional activities are listed in order of planned priority. Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government.

Schedule of Items

Refer to attachment C04b_2. BRF G-Z LTIRSC SOI for a fillable spreadsheet.

Schedule Notes

Schedules are for pricing/payment purposes. Refer to 52.212-1, Instructions to Offerors for business proposal requirements. Evaluation criteria used by the Forest Service for proposals is located in 52.212-2 of this solicitation.

Offeror to input unit price into yellow shaded cells in attachment C04b_1b BRF G-Z LTIRSC SOI_12363N26R4014. Price Proposals must be provided on all Items in Schedules: Mandatory and Optional Items and Timber Products Schedule. Unit prices prevail.

Offerors are advised to base proposed pricing solely on current conditions and shall not include any upward adjustments for potential future risks or contingencies. Wage determinations will be updated annually no later than the award anniversary and as optional line items are exercised. Additionally, a proportional Economic Price Adjustment (EPA) provision for fuel surcharges is included within this solicitation and will govern allowable price adjustments related to fuel. The EPA provision applies to items 1, 2, 5, 6, 7 and 8. No other anticipatory cost escalations will be considered.

If funding dictates and it is in the best interest of the government, work items may be awarded by Unit/Acre or Unit/Mile and for amounts less than the total estimated amount based on the unit prices quoted

The following apply to Road Reconstruction requirements only:

A. For Item 2-Road Reconstruction, the estimated price magnitude for mandatory reconstruction work is between $350,000 and $550,000.

B. A Bid Guarantee of 20% of the proposed price for mandatory reconstruction requirements is required with proposals. Do not take optional item 2 reconstruction pricing into account when determining the bid guarantee. Failure to furnish a bid guarantee in the proper form and amount, by the stated response date and time may result in an offeror being determined unresponsive and rejection of the proposal.

C. Per FAR 28.102-3, Alternate Payment Protections are required for construction projects greater than $35,000 and shall be provided within 10 days of award.

D. Davis-Bacon wage rates.

E. Units of measure marked with an '*' indicate contract quantities.

Technical Data

Scope of Contract

(a) The intent of the project is to dramatically increase the pace and scale of forest restoration treatment to mitigate risk of catastrophic wildfire. Work taking place in this project includes:

1. Contractor to complete the layout and cruising of selected project areas.

a. Layout of timber removal units with flagging, boundary tags, painting (as required) and GPS Boundaries. Intent is to GPS 100% of all unit boundaries and flagging all boundaries (excluding boundaries following system roads). Painting is required on boundaries such as property lines, Riparian Habitat Conservation Areas (RHCA), designated exclusions, or other similar type features. Tagging of boundaries will happen in areas of high visibility and will be identified by the Contracting Officers Representative (COR) and/or the designated sale administrator in advance.

b. Volume Determination. In project areas that are selected / awarded contractors shall complete a timber cruise. Contractor shall design cruise plans, cruise plots and process all data. Forest shall approve cruise plan. Collected data shall be provided to Forest Service.

2. The Forest Service shall put together all final road packages, timber sale appraisals, contract area maps and associated project area specifications.

3. Contractor to complete all required road maintenance, construction, re-construction, and closure / decommissioning after use as needed for product removal.

a. Typical road work tasks may be included: grading, brushing, clearing and grubbing, lineal grading, new road construction, ditch cleaning, culvert cleaning, culvert installations and replacements, drain dip installation, slide removal, slope stabilization, clearing and grubbing, aggregate placement, full depth reclamation, gate installation, berm installations, underdrain systems, water bars, recontouring, scarifying, dust abatement and other similar type activities.

b. For pricing purposes be aware: The following county and private roads will be included in required road maintenance (See Appendix C) per forest Schedule A agreement; Temporary road use agreement is included in project for private road use with maintenance required;

There are potentially some minor irrigation ditch crossings in optional contract areas; A larger temporary drainage structure will be required to cross the Lost Horse Canal:

i. C-3400, MP 0.77 to MP 2.12 for Sharrott Salvage and McCalla-Larson Contract Areas.

ii. C-4820, MP 0.00 to MP 1.55 for Fred Burr Contract Area.

iii. C-4201, MP 0.00 to MP 1.21 for optional Smith Creek Contract Area.

iv. C-7000, MP 0.00 to MP 2.35; C-7200, MP 0.00 to MP 0.66; C-7400, MP 0.00 to MP 1.49; C-7450, MP 0.00 to MP 0.81 for optional Moose-Hayes Contract Area.

v. C-9610, MP 0.00 to MP 1.50; C-9620, MP 0.00 to MP 0.41 for optional Hart Trap Contract Area.

vi. C-4830, MP 0.00 to MP 2.70 for optional Bear Creek Contract Area.

vii. Private Cell Tower Rd, MP 0.00 to MP 0.83 will be used and require maintenance in the Spoon McCoy Contract Area. Copy of road use agreement is on file and can be viewed upon request.

viii. There will potentially be some crossings across minor irrigation ditches similar to the crossing in the Fred Burr Contract Area in some of the optional contract areas.

Crossings will not be identified until individual contract areas are laid out. Crossings will be avoided when feasible.

ix. There will be a temporary crossing with bridge or pipe(s) sized to pass max canal flows in the Rebel Horse Contract Area. The crossing will be through the Lost Horse Canal.

4. Contractor to complete all on the ground timber removal and hauling activities, including temporary spur road construction, landing construction, required maintenance and treatments, rehabilitation / clean-up activities, noxious weed treatment and all other required work called out in Appendix B and shown on sale area map.

a. Ground Based. Product removal on slopes that allow tractor removal. Slopes may be up to 35% with limited short runs up to 40%. Skid trail max lengths may be up to 2,500 feet long.

b. Skyline / Tether Based. Product removal on slopes greater than 35% or have other design considerations that will require skyline removal. Units have been analyzed for the utilization of tethered logging equipment. The Forest Service will consider requests to utilize tethered systems on a case-by-case basis on slopes up to 70 percent.

c. Helicopter Based. Product removal located in areas that will require helicopter removal.

Alternative removal methods may be considered and agreed to in writing.

5. Respond quickly to changed conditions that may affect the Bitterroot Front project area by the inclusion of salvage operations and suppression repair activities .

(b) Resulting Contract – Any resultant contract will be a firm fixed price with economic price adjustment commercial services contract with requirements for timber removal.

(c) Project Location- Project is located along the western half (west of Hwy 93) of both the Stevensville and Darby/Sula Ranger Districts. The northern boundary of the project is northern boundary of Stevensville Ranger District bordering the Lolo National Forest and the southern boundary of project is West Fork Road south of Darby. The rough northern limit of project is roughly T 11 N, R 20 W, Section 18. The rough southern limit of project is roughly T 2 N, R 21 W, Section 27.

(d) Under this contract, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

(e) Contractor’s Operations shall be conducted in a workmanlike and orderly manner. The timing of required Forest Service designation of work on the ground and the performance of other Forest Service work shall not be such as to cause unnecessary delay to Contractor.

Specifications

General specifications for all Contract Activities listed by item number in the Schedule of Items are provided in Appendix A. Specifications governing timber removal are contained in Appendix B, and the related road maintenance requirements for haul of products are detailed in Appendix C. Materials related to incidental construction or reconstruction, including specified road work plans, drawings, exhibits, and technical specifications, are included in Attachments 5-9.

Technical data and supporting documentation associated with this solicitation are available through the following attachments:

Attachment Title Pages

1b. BRF G-Z LTIRSC Schedule of Items.xlsx 5

2a. Appendix A – Technical Specifications for Service Work Items 2b. BRF Unit Volume Data.xlsx

3a. Appendix B – Sharrott Salvage, Spoon McCoy, Fred Bur, McCall Larson, Square Tin Timber Removal (Scaled) Specifications 75

4a. Appendix C – Sharrott Salvage, Spoon McCoy, Fred Bur, McCall Larson, Square Tin Road Maintenance T-Specs 10

5a. Road Reconstruction Plans – McCalla Larson 5b. McCalla Larson FS-FP-14 Supplemental Specifications

6a. Road Reconstruction Plans – Square Tin 6b. Square Tin FS-FP-14 Supplemental Specifications

7a. Road Reconstruction Plans – Spoon McCoy 7b. Spoon McCoy FS-FP-14 Supplemental Specifications

8a. Road Reconstruction Plans – Hart Trap 8b. Hart Trap FS-FP-14 Supplemental Specifications

9a. Road Reconstruction Typicals – Potential Road Reconstruction Optional Items 9b. Typical FS-FP-14 Supplemental Specifications

10. Mandatory Subdivisions Contract Area Maps.zip

10a. Sharrott Salvage CAM 10b. McCalla Larson CAM 10c. Fred Burr CAM 10d. Spoon McCoy CAM 10e. Square Tin CAM

11. Optional Subdivisions Planning Maps.zip

11a. Fred Burr Optional 11b. Square Tin Optional 11c. Spoon McCoy Optional 11d. Hart Trap 11e. Bear Creek 11f. Cow Creek 11g. Gash Creek 11h. Brooks Creek 11i. Smith Creek 11j. Rebel Horse 11k. Tamarack Creek 11l. Rock Lick 11m. Bass Creek 11n. Moose Hayes 11o. Sweeny Creek

12. Mandatory Subdivision Cruise Data.zip 12a.Sharrott Salvage 12b.McCalla Larson 12c. Fred Bur 12d.Spoon McCoy 12e. Square Tin

13a. Service Contract Act Wage Determination #1977-1342, Revision #84 dated 8/13/2026 3

13b. Service Contract Act Wage Determination #2015-5401, Revision #29 dated 8/22/2026 7

14a. Davis-Bacon Act WD#MT20260080, Modification 3 dated 6/4/2023 6

15. BRF G-Z LTIRSC Agency Supplementals.zip

15a. 2024 R1 Timber Theft Prevention Plan 15b.Virtual Boundaries Desk Guide July 2025 15c. Tree Marking Paint SDS 15d. Bitterroot Front Design Criteria 15e. BNF Layout Card 2026 15f. 2409.12 Timber Cruising Handbook Folder

Project Location

The Bitterroot Front G-Z Long Term IRSC project is located along the western half (west of Hwy 93) of both the Stevensville and Darby/Sula Ranger Districts. The northern boundary of the project is northern boundary of Stevensville Ranger District bordering the Lolo National Forest and the southern boundary of project is West Fork Road south of Darby. The rough northern limit of project is roughly T 11 N, R 20 W, Section 18. The southern limit of project is roughly T 2 N, R 21 W, Section 27.

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation.

The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998

This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:

(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).

(d) Changes. Changes will be handled in accordance with the following FAR clause(s):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☒ FAR 52.243-4, Changes (Nov 2025) ☐ FAR 52.243-5, Changes and Changed Conditions (Nov 2025)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☒ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☒ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Jun 2020) ☒ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☒ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits* Heavy Equipment Operator WG-8 $32.33/hr.

Crew Leader GS-5 $18.96/hr.

Forestry Tech GS-5 $18.96/hr.

Laborer GS-3 or GS-4 $15.10 or $16.95/hr.

*FRINGE BENEFITS: Life, Accident and Health Insurance and Sick Leave Programs - 5.1 percent of basic hourly rate.

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.223-23 Sustainable Products and Services ☒ 52.224-3 Privacy Training (Jan 2017) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

The Contractor shall comply with the following FAR Clauses for Commercial Construction.

52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination-Debarment 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certificate of Eligibility 52.236-5 Material and Workmanship

The following clauses are applicable when checked:

☒ 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Nov 2025) ☒ 52.225-9 Buy American-Construction Materials (Nov 2025) ☒ 52.228-1 Bid Guarantee (Sep 1996) ☒ 52.228-2 Additional Bond Security (Oct 1997) ☒ 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) ☒ 52.228-13 Alternative Payment Protections (Jul 2020) ☒ 52.228-14 Irrevocable Letter of Credit (Nov 2014) ☒ 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) ☒ 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021) ☒ 52.236-2 Differing Site Conditions (Jul 2025) ☒ 52.236-3 Site Investigation and Conditions Affecting the Work (Jul 2025) ☒ 52.236-6 Superintendent by the Contractor (Jul 2025) ☒ 52.236-7 Permits and Responsibilities (Jul 2025) ☒ 52.236-8 Other Contracts (Jul 2025) ☒ 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Jul 2025) ☒ 52.336-10 Operations and Storage Areas (Jul 2025) ☒ 52.236-11 Use and Possession Prior to Completion (Jul 2025) ☒ 52.236-12 Cleaning Up (Jul 2025)

☒ 52.236-13 Accident Prevention (Jul 2025) ☒ 52.236-15 Schedules for Construction Contracts (Jul 2025) ☒ 52.236-17 Layout of Work (Jul 2025) ☒ 52.236-21 Specifications and Drawings for Construction (Jul 2025) ☒ 52.242-14 Suspension of Work (Apr 1984) ☐ 52.246.12 Inspection of Construction (Aug 1996) ☒ 52.248-3 Value Engineering (Oct 2025)

Other Applicable Clauses

52.204-13 System for Award Management—Maintenance (Aug 2025) 52.203-17 Contractor Employee Whistleblower Rights (Jun 2020) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Nov 2021) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.232-90 Fast Payment Procedures (Nov 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Nov 2025) 52.242-14 Suspension of Work (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2025) 52.245-1 Government Property (Sep 2021) ☒ Alternate I (Sep 2021) of 52.245-1 52.245-2 Government Property Installation Operation Services (Apr 2012) 52.245-9 Use and Charges (Apr 2012)

Proportional Economic Fuel Price Adjustment of Contract Price(S) Based on a Price Index (MAY 2026)

(a) To the extent that contract cost increases are provided for by this economic fuel price adjustment clause, the Contractor warrants that the prices in this contract for any option periods do not include any amount to protect against such contingent cost increases.

(b) Definitions.

(1) The cost index, for the purpose of fuel price adjustment under this clause, shall be:

i. Highway Diesel

EIA On-Highway Diesel Fuel Price – PADD 4 (Rocky Mountain) https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r40_w.htm Published weekly by the U.S. Energy Information Administration (EIA), dollars per gallon.

ii. Jet-A U.S. Gulf Coast (USGC) Kerosene-Type Jet Fuel Spot Price https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EER_EPJK_PF4_RGC_DPG&f=W Published weekly by EIA, in dollars per gallon as published.

https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r40_w.htm https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EER_EPJK_PF4_RGC_DPG&f=W

(2) The Base Index, for the purposes of price adjustment under this clause, shall be the most recent Index published prior to the closing date for receipt of offers, or the due date for receipt of best and final offers if negotiations are held. This Base Index shall remain constant throughout the life of the contract, including all options.

(3) The Adjusting Index shall be the most recent Index published prior to the date of contract adjustment, as specified in paragraph (f).

(c) For purposes of this clause, it will be conclusively presumed that 15 percent (%) of the price of each cubic yard, foot, mile, and ton represents the Base Cost of Highway Diesel and 20 percent (%) of the price of each ton represents the Base Cost of Kerosene-Type Jet Fuel and the resulting Base Cost will be the basis upon which adjustment will be made under this clause. This Base Cost will be used in calculating all adjustments to the following line items: 1, 2, 5, 6, 7 and 8. A new Base Cost will be calculated annually based on the newly adjusted year prices. Price adjustments under this clause may result in either an increase or a decrease to the contract or unit price(s), depending on whether the Adjusting Index is higher or lower than the Base Index.

(d) The percentage of the price of the indexed commodity (see paragraph (c)) remains fixed throughout the life of the contract and is not subject to modification under this clause. Any pricing actions pursuant to the “Changes” clause or other clause or provision of the contract, except for this clause, will be priced as though there were no provisions for economic price adjustment.

(e) All price adjustments, whether increases or decreases, shall be applicable only to the specific contract adjustment period to which the calculations are made. For every contract adjustment period, new calculations shall be made and new prices determined, in accordance with the Adjusting Index. Every adjustment during the Base Year shall be based on the original contract prices for that contract year and every adjustment during an option year shall be based on the original contract prices for that option year. The Contracting Officer must make new calculations for each and every contract adjustment period specified in paragraph (f).

(f) The dates of contract adjustment shall be annually 30 days prior to the start of the declared operating season. The Contracting Officer shall retain a copy of the Base Index in the contract file and, on each date of adjustment specified herein, obtain a copy of the Adjusting Index. The Contracting Officer shall calculate the adjustment due and shall, within 5 business days, issue a unilateral modification to the contract adjusting the contract or unit price(s), in accordance with the Adjusting Index. All adjusted prices shall be rounded to the nearest $0.01.The adjusted contract or unit price(s) shall be effective for all orders placed or services provided after the date of contract adjustment, as specified in this paragraph (f), until the date of the next contract adjustment. If the Contracting Officer fails to act, the Contractor shall, within 30 days of the start of the declared operating season, request a contract adjustment in writing and any subsequent adjustment shall be retroactive to the applicable date of contract adjustment.

(g) An example of an adjustment calculation is provided herein for informational purposes only.

(1) For purposes of this example, assume that a contract is for timber hauling services, that the contract price is $30.00 per ton, that price adjustments will be made on the basis of the cost of diesel, that the cost of diesel represents 15% of the total cost per ton (the Base Cost is 15% of $30 (the per ton price in Line Item X)), and that contract adjustments will be made annually. If the Base Index (the price of diesel the week prior to receipt of bids) is $4.53 per gallon and the price of diesel at the first date of contract adjustment is $5.80 per gallon, the calculations for contract price adjustment would be as follows:

Adjusting Index (most recent Index cost of gasoline as of the date of the first adjustment period) $5.80 per gallon.

Minus the Base Index (Index cost of gasoline as of the date of receipt of offers) −$4.53 per gallon.

Equals increase (or decrease) to the Base Index $1.27

Divide increase (or decrease) to the Base Index by the Base Index $1.27/ $4.53 = .28 * (28% increase).

Apply fuel fraction adjustment 0.15 * .28 = .04

New Ton Price

30.00 * 1.04 = 31.20 per ton

(2) For the second contract adjustment period, all calculations would be based on the original contract bid price, $4.53 per gallon in this example. If the price of diesel reduced to $4.25 per gallon, the calculations for the second economic price adjustment period would be as follows:

Adjusting Index (most recent Index cost of gasoline as of the date of the second adjustment period) $4.25 per gallon.

Minus the Base Index (Index cost of gasoline as of the date of receipt of offers) −$4.53 per gallon.

Equals increase (or decrease) to Base Index -$0.28

Divide increase (or decrease) to the Base Index by the Base Index -$0.28 / -$4.53 = -0.06 (6 % decrease).

Apply fuel fraction adjustment 0.15 *- .06 =- 0.01

New Ton Price

30.00 * -1.01= 29.70 per ton

(h) Price adjustments pursuant to this clause, which shall be made by contract modification issued by the Contracting Officer, shall show the Base Index (see paragraph (b)(1)), the Adjusting Index, the Base Cost (see paragraph (c)), the mathematical calculations used to arrive at the adjusted contract unit price, and the effective date of the adjustment.

(i) In the event that U.S. Energy Information Administration discontinues, or alters substantially, its method of calculating the Index cited herein, the parties shall mutually agree upon an appropriate substitute for determining the price adjustment described herein. If the Index is temporarily unavailable on the date of adjustment, the most recently published value shall be used until the Index resumes. If the Contracting Officer determines that the Index consistently and substantially fails to reflect market conditions, the Contracting Officer may modify the contract to specify use of an appropriate substitute index, effective on the date the Index specified herein begins to consistently and substantially fail to reflect market conditions.

(j) Any dispute arising under this clause shall subject to the “Disputes” clause of the contract.

(End of clause)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS).(NOV 2025)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Labor Standards statute, ( 41 U.S.C. chapter 67), by the Administrator, Wage and Hour Division, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, must apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of1938, as amended, ( 29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, must apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10.

The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but must not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor must notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor must promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice must contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates must be modified in writing. The Contractor must continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative must have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

2. Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

452.204-71 Personal Identity Verification of Contractor Employees (Nov 2025)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the USDA Directives 4620-002 require the exclusion of a contractor's employee, the contracting officer will notify the contractor in writing. The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(c) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(d) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally controlled facility and/or routine unaccompanied access to a Federally controlled information system.

(e) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from [hours and days to be added by CO] to [hours and days to be added by CO] at [office address for registration to be added by CO]. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

(End of Clause)

452.211-73 Variation in Estimated Quantity (SEP 2025)

If the actual quantity of a unit-priced item varies by more than 15% from the estimated quantity, either party may request an equitable adjustment in the contract price. The adjustment will be based on cost changes due to variations above 115% or below 85% of the estimated quantity. If this variation delays completion, the Contractor may request a time extension in writing. The request must be received by the Contracting Officer within 10 days of the delay's start or within such further period granted by the Contracting Officer before the final contract settlement. The Contracting Officer will review the request and, if justified, extend the completion date.

452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)

(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.

(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:

3. Materials delivered on site and preparatory work;

4. Materials delivered to the Contractor at locations other than the site, if:

i. Specifically authorized by the contract; and

ii. The Contractor provides satisfactory evidence of title and intended use in the contract.

(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:

1. An itemization of the amounts requested, related to the various elements of work required by the contract;

2. A listing of the amount included for work performed by each subcontractor;

3. A listing of the total amount of each subcontract;

4. A listing of the amounts previously paid to each subcontractor; and

5. Additional supporting data in a form and detail required by the Contracting Officer.

(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:

I hereby certify, to the best of my knowledge and belief, that—

1. The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

2. All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

3. This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

4. This certification is not to be construed as final acceptance of a subcontractor’s performance.

________________________________________________(name) ________________________________________________(title) ________________________________________________(date)

(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:

1. Records and Documentation:

(i) Certified progress payment requests and supporting documentation;

(ii) Subcontractor and supplier invoices, payment records, and lien waivers;

(iii) Updated schedule of values and progress schedules;

(iv) Quality assurance and inspection reports;

(v) Payroll records, if applicable under labor provisions.

2. Facilities and Worksite Access:

(i) Physical access to the construction site for inspection of work progress;

(ii) Access to off-site storage locations for materials billed but not yet incorporated into the work; or

(iii) Access to any fabrication facilities where contract-related work is being performed.

3. Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.

(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submittal of a proper request for payment.

(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.

(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided, and suspend further payments to the Contractor; the Contractor shall repay to the Government the amount of unliquidated progress payments as the Contracting Officer at his sole discretion deems repayable.

(i) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.

(j) Reservation of rights.

1. No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

2. The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

1. Notify the Contracting Officer of such performance deficiency; and

2. Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been…